Service Letter

[charlesk]

What is the name of your state?What is the name of your state?
Missouri

I was terminated in June. I requested a "Service Letter." I received it yesterday and am wondering if it complies with State Law.

Here is the Missouri Law:

Letter of dismissal, when--failure to issue, damages--punitive damages, limitations.
290.140. 1. Whenever any employee of any corporation doing business in this state and which employs seven or more employees, who shall have been in the service of said corporation for a period of at least ninety days, shall be discharged or voluntarily quit the service of such corporation and who thereafter within a reasonable period of time, but not later than one year following the date the employee was discharged or voluntarily quit, requests in writing by certified mail to the superintendent, manager or registered agent of said corporation, with specific reference to the statute, it shall be the duty of the superintendent or manager of said corporation to issue to such employee, within forty-five days after the receipt of such request, a letter, duly signed by such superintendent or manager, setting forth the nature and character of service rendered by such employee to such corporation and the duration thereof, and truly stating for what cause, if any, such employee was discharged or voluntarily quit such service.

2. Any corporation which violates the provisions of subsection 1 of this section shall be liable for compensatory but not punitive damages but in the event that the evidence establishes that the employer did not issue the requested letter, said employer may be liable for nominal and punitive damages; but no award of punitive damages under this section shall be based upon the content of any such letter.

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Here is the letter I received. (names have been changed for obvious reasons)

"Joe Smith was employed with the Ajax Co. from June 28th, 2004 until June 6th, 2005. Mr. Smith worked in the office with customers, estimated job quotes and helped manage the shop & workers. Mr. Smith was dismissed due to rumors from another employee that he was pouring the foundation for a building to open his own widget company and to take the customers away form the Ajax Company."

John Owner
President
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Though the owner does not have the dates of employment correct, it appears that he has complied. However, what is missing, and is explicitly stated in the Law, is that he must set forth, "the nature and character of seviced rendered by such employee."
Though he stated the "nature", he failed to state the "character."

My question is, how will a judge view this? Will it be considered as an actual service letter, or not?
Is there grounds for suit based on the letter of the law?

Thanks,

Charlesk

 

[cbg]

And why would a judge even be seeing this letter?

Quite frankly, when I had employees in Missouri, I never asked for or was offered a service letter for any employee. A colleague of mine in St. Louis who has no employees anywhere BUT Missouri says in four years she has asked for exactly one and rarely pays attention to them.

What damages do you think you will suffer by what you perceive as a lack of character in a letter that probably will never been seen?

And how would you characterize the pouring of concrete anyway?

 

[charlesk]

cbg,
And why would a judge even be seeing this letter?

If I decide to file suit, I think a determination would have to be made by a judge as to whether or not a violation of law has occurred.

Quite frankly, when I had employees in Missouri, I never asked for or was offered a service letter for any employee. A colleague of mine in St. Louis who has no employees anywhere BUT Missouri says in four years she has asked for exactly one and rarely pays attention to them.

I'm not sure what this has to do with my question. I am referring to a possible violation of the Service Letter Law, not whether a prospective employer would or would not ask to see a service letter.

What damages do you think you will suffer by what you perceive as a lack of character in a letter that probably will never been seen?

I understand the difference between compensatory and punitive damages. My question is does this constitute a "service letter" because it fails to state the "character of sevice rendered."

And how would you characterize the pouring of concrete anyway?

I assure you, if this is your attempt at being sarcastic, it isn't welcomed at all.

 

[cbg]

No sarcasm was intended, I assure you.

My question was intended quite literally. Just how do you expect the employer to characterize how you pour concrete?

Since the law limits your damages to compensatory, I thought it was rather relevant to inquire how you were damaged and to point out some of the flaws in a claim. But since you evidently think otherwise and you don't care for my responses, I'll leave it to someone else to respond. I believe Patty used to be in Missouri - maybe she'll consider answering your question. Maybe not.

 

[charlesk]

cbg,

No sarcasm was intended, I assure you.
My question was intended quite literally. Just how do you expect the employer to characterize how you pour concrete?

Well, I'm glad of that. The nature of my job was spelled out in the letter. I was basically an office manager who wore all of the hats from sales to estimating to drafting to project mangaging, et al ad nauseum.
The owner believed a rumor that I was pouring a foundation for a building to start my own company, not that I poured concrete for a living. Better?

Since the law limits your damages to compensatory, I thought it was rather relevant to inquire how you were damaged and to point out some of the flaws in a claim. But since you evidently think otherwise and you don't care for my responses, I'll leave it to someone else to respond. I believe Patty used to be in Missouri - maybe she'll consider answering your question. Maybe not.

Please don't be offended. Obviously there was some miscommunication, ok?
The law "doesn't" limit to compensatory damages only, but allows for nominal/punitive damages as well.
The employer has to "fully comply" with the law in its response. The law cleary states that the "nature and character of rendered service" must be stated.
My question is, does this letter constitute a "service letter" at all, because it does not include the character of my service rendered?
How a judge inteprets the letter determines the type of damages one may incur.

Again, please don't be offended. It isn't fun getting fired for no reason at all, no less because of a rumor. I'm hurt, feel betrayed, in a terrible financial position and 50 yrs. old. My prospects aren't good, you know?

 

[pattytx]

I was also let go from a quasi-governmental entity in Missouri. I got a letter, but only because my position was eliminated and I got no notice.

In the 20 months I was there, working closely with HR and Payroll, never ONCE was anything mentioned about a "Service Letter" requirement. I'm not saying there shouldn't have been one, nor that anyone is misinterpreting the law here. What I am saying is that, apparently, either NO ONE knows about this law, or it is not enforced, because my colleagues with employees in Missouri don't do it either.

Kinda like a tree falling in the forest when nobody's around.

But, like cbg, I don't see how you have been damaged. And, BTW, the word "character" can also be defined as the attributes of something. So, the attributes of your position were that of customer service, job quote, etc.. In othe words, what you did.

 

[charlesk]

pattytx,

But, like cbg, I don't see how you have been damaged. And, BTW, the word "character" can also be defined as the attributes of something. So, the attributes of your position were that of customer service, job quote, etc.. In othe words, what you did.

First, thanks for taking the time to reply.
The damage is in the actual violation of the Service Letter Law. Not only do I, as an employee, have to submit the request according to the law, the employer has to respond according to the law. By this I mean meeting the requirements of the law.
I posted this on this board in hopes of someone having some insight before I talk to an attorney.
There is a good write up on an employment Lawyer's website in St. Louis, Mo.
www.timslaw.com
You may want to peruse this site. It could be educational for you and your assistance for others who come here. It is specific to the State of Missouri, however. On the homepage, left column, there is a link for "Sevice Letter."

Thanks for your time.
If you find any information which you think may be helpful to me, please let me know.

Thanks,
Charlesk